Untitled Texas Attorney General Opinion

HOll, Ben L. King Countyattorney Burnet County Burn&, Texas Dear Sir: Opinion lb. O-7265 Re: Title to Deed from Scottish AmeticanMortgageCo. Ltd. to Board of Trusteesof F. & T. Consolldatsd Common'School.District No. 18, Burn& County,Texas,'andrelatedquestion. We acknowledgeyour letterof June 3, 1946, requestingan opin- ion of this departmenton&he questionsthereinset out, pertinentpcr- tions of vhioh letterwe quote for the purposesof this opinionas followst "Enclosedherewithis a oertifiedccpy of a' deed frog~theScottishAmericanMortgageCompany, Ltd. to Board of Trusteesof the F & T Consolidat- ed CSD or WlrnetCounty,Texas. "In this connectionthe #300 consideration shown in the deed was paid at the time the deed was deliver- ed from public free school funds of the granteedis- trict causedthe clauseyou will find at the end of the deed inserted,by whioh it was soughtto fix the title for the benefitof the communityratherthan the school. I. . . aJ.fterthe dxecut,ionand deliveryof such deed to such districta schoolhouse was oonstrwted thereon with funds barrowadby the districton~its bonds. School +aa maintained,there for ,severalyears, but in 1945, as a result of an electionheld in each district,the F & T ConsdlidatedCSD,was consolidated with the Marble Falls ISD, and beoame a part of a consolidateddistrictknown as the Marble Wlls IndependentSchoolDistrict. Since the ,date,ofthis last oonsolidation no school has been maintainedin the schoolhouseon the land conveyedin the deed, copy of which is enclosed,and it is not in- i:i;r,ded by the schoolauthoritiesto ever~maintain anoth- er schoolthere. The sohoolhouseconstructedon such land was of rook and cannot be removedas a building. Hon. Ben King, Page 2 (O-7266) "The proper schoolauthoritiesdesire to sell the lot and the buildingtogether. This raisesthe follow- ing questionwhioh I will appreciateyour an8weringfor mar atUpon consolidationof the F & T ConsolidatedCSD with Marble Falls ISD, and the removal of the school from such premisescweyed in said deed, and the oessati- on of use of same for schoolpurposes,did the title to such lot pass from the schoolauthoritiesinto the last Board of Trusteesof the F & T CcnsolidatedCSD for the use aMbenefit of the community,or is such alausein- effective,and couldthe proper sohcolauthoritiesnow sell such lot and the buildingerectedthereonunder the provisionsof law relatingto sales of school properties?'" The deed referredto in your letter executedon January11, acknowledgedon January23 and recordedon February2 in the year 1939, in the Countyof Burnet,Burnet, Texas,reads in part as follows: "The ScottishBmerioanMcrtgageCompany,Limited, . for and in considerationof the sum of Three Hun- &id Dollars(#300.00)to it in hand paid by the Board of Trusteesof F& T ConsolidatedCorm&on SchoolDistrict of Burnet County,Texas, . . . have GRANTED;SOLD and CODVSYEDunto the said Board of Trustees . . . ; and to their successorsin offioe,for schoolpurposes,the followingdescribedland, . . . in said County . . . t "Five and one-half(!&) acres of land, . . e (Described) ,,, "TOMyG&DTOHOLD., . , togetherwith al.1and singular the Aghts and.appurtenances thereuntoin any- wise belonging,unto the said Board of Trusteesof the F & T ConsolidatedCo8xaonSchool M&riot So. 18, . . . and their successorsand assigns,forever,(Generalwar- ranty clause). "It is furthera provisionofthie oonveyanoethat in the event that said lot may ceaseto be used for school purposesby reasonof the removalof the school or for aw other reason,then that the title thereto shallvest in the individualsocmprisingthe last Board of Trusteeaof the above named sohooldistrictas trustees for the ccm- munity, to be held and administeredby them as a trugt, andfor the use and benefitof all of the people of the Fairlandand Toby ommaunities." Hon. Een King, Page 3 (O-7265) We understandthst no bonded indebtedness exists concerning the lot or the schoolbuildingbuilt thereonand that, therefore,no qua+ tion of assmnptionof indebtednessis herein involved. Under the facts submitted,the land was oonveyedto the Board of Trusteesof the F & T ConsolidatedSchool Districtfor schoolpurposes, was paid for by said Board with public free schoolfunds of the grantee dis- trict, and subsequenttheret8,a schoolbuildingwas constructedon this land with funds borrowwdby the granteedistrict on its bonds; that in the gear 1945, the.F & T ConsolidatedCcnmon SchoolDistrictwas acnsc:'idated under Art. 2806,V.A.C.S.,with the Marble Falls IndependentSchool uistriot and became legallya part thereof;that since the consolidation no school has been maintainedon said land and that presentlythe~propersoh~olauth- oritiesdo not intendaver to maintaina schoolthereon. It is definitelysettled,we believe,that a deed of land to schooltrustees"for schoolpurpolsssa wher-inthe habendunclausewas to have and to hold unto the schooltrusteesa8 assigneesforeverwas a convey- ance of a fee simpletitle,and simplythat. GladewaterCountyLine Inde- pendentSchoolDistrictv. Hughes, 59 S.i% (2d) 361, and the many oases cited therein. The insertionin a deed of land to a schooldistrictof the words "for schoolpurposesonly" does not restrictthe title of the district. T. W. PhillipsGas & Oil Co., v. Linge'-+elter, 5 A.L.R. 1495. The mere ex- pressionof a purposewill not debasea title. Wilsonv. CountySchool Trustees,229 S. W. 669, and Gladewater0888, supra. Under the line of oases above quoted,the deed in question herein operatedto conveya fee simpletitle in the trusteesof the F deT ConsolidatedCommonSchoolTrustees,its sucoesscrsor assignsforever, in trust for the schoolor schoolsof the districtin which it is situated, providedthe clausethereinstatingin substarrcthat in the event the lend ceases to be used for schoolpurposes,thentitle theretowill vest in the individualdesignatedtherein in trust for Fairlandand Toby communities, cannotbe construeda8 a conditionallimitationdivestingtitle, under the facts, out of the schooldistriottrustees,their suooessorsandassigns. Based on the facts suhnittedin your letterand heroin sunmar- ized, it is shown the F & T ConsolidatedCoon School Trusteespaid for such land with publicfree schoolfunds and causedthe provisionto be insertedin the deed by vhioh it was soughtto fix the title for the benefitofthe commun- ity ratherthan the school district. We are of the opinion that said provi- sion is ineffectualand thereforeis inoperativeto divestthe fee simple title out of the trusteesof the school district,their suoess)rsand assigns and into the last named individualtrusteesof the districtas trusteesfor the community. It is elementarythat the F & T Trusteesin causingthe inser- tion of such a provisionclearlywere acting beyondand without the scope of their authorityas schooltrustees.They have no authorityto give away schoolproperties. Furthermore, the grantorhaving conveyedall the title Hon. Ben King, page 4 (O-7265) it had in said land, legal and equitable,for the considerationpaid in hand with schoolfunds, preservingno right of reversionin itself, was withoutright or power to make, or attemptto make a subsequent conditionof defeasance. Our answer,therefore,to the first part of your questionis that the title to such lot did not &mss frcmthe school authoritiesinto the last Board of Trusteesof the F & T Consolidated CommonSchool Districtfor the use and benefitof the ammunity. Art. 2806, V.A.C.S.,as emendedby Acts 1945, 49th Leg., p. 416, Ch. 264 providesin prt as follows: I. q . Where one or mars independentschooldis- trictsare oonsolidated t,getheror with one or more common schooldistrictsthe consolidateddistrictsshall constitutean independentschooldistrict,and shall have all the rights,powers and privilegesgrantedto inde- pendentsohooldistrictsby the lawsof this State. "If only one independentschooldistrictis oonsol- idatedwith one or more ocmmonschooldistricts,the con- sol dated districtshall bear the name of such independent schooldistrict,and the board of trusteesof said inde- pendentschool districtshall serve as the board of trus- tees of the consolidateddistrictuntil the next regular electionof trustees,as prescribedby generallaw, at which time the consolidateddistrictshall elect a board of seven (7) trustees,whose powers,duties,and terms of office shall be in accordancewith the provisionsof the generallaws governingindependentschool districts,as they now exist or may be thereafterenacted;. . .a It is our understanding that under the provisionsof Art. 2806, the F & T ConsolidatedCommon SchoolDistrictconsolidated withthe Marble Falls IndependentSchoolDistrictand the new districtis now known as the Marble.FallsIndependentSchool District. The powers and duties of the Marble Falls IndependentSchoolDistrictBoardof Trustees,as designated by statute,shall be in accordancewith the provisionsof the generallaws governingindependentschool districts. The schoolpropertieswhioh prior to the consolidation were vested in the BDard of Trusteesof the F & T ConsolidatedCommonSchool Districtin trust for that schooldistrictare now vested in the Board of Trusteesof the krble Falls IndependentSchool Distriot,the successorsin officeas designatedin the deed, by reason of the consolidation of the district,and in accordancewith the provisions of Art. 2772,Vernon'sAnnotatedCivil Statutes. Art. 2773,Vernon'sAnnotatedCivil Statutes,providesas fol- . - Hon. Ben L. King, page 5 (O-7265) "Art. 2773. Sale of schoolproperty. 'Any houses or lands held in trust by a~ city or town for public free sohoolpurposesmay be sold for the purposeof imesting in more convenientand desir- able schoolproperty,with the consentof the State Eoard,by the board of trusteesof such city or town; and, in such case,the presidentof the schoolboard shall executehis deed to the purchaserfor the same, recitingthe resolutionof the State Board giving consentthereto and the resolutionof the board of trusteesauthorizingsuch sale." Under the facts submittedand for the purposeas set out in Art. 2773, it is the opinionof this departmentthat the proper school authoritiesof the Marble Falls IndependentSchoolDistrictnow can sell such lot and the buildingserectedthereonunder the provisionsof the statuterelatingto the sale of schoolproperty. Trustingthat the above satisfadorilyanswersyour inquiry, we remain Very truly yours ATTORNEYG-2NEWLOFFTEXAS w /s/~ester E. Ollison ~Chester E. Ollis& Assistant APPROTJEDJUN 20 1946 /s/ CARLOSasmy FIRST ASSISTANT ATTOREEYGENE&U CEO:fb:agw AWRDVED Opinion t+mmittee By BWB Chairman